Shaik Jameer vs Mekala Radha Krishna
2023 Latest Caselaw 1738 AP

                                       HIGH COURT OF ANDHRA PRADESH

      MAIN CASE NO: Crl.R.C.No.249 of 2023

                                   PROCEEDING SHEET

SL.       DATE                           ORDER                                   OFFICE
NO.                                                                               NOTE
 1.     29.03.2023 BSB, J
                                         I.A No.1 of 2023
                            Heard.
                            Dispense with petition ordered for the present
                   granting four weeks time to file the same.


                                                        ________________
                                                        B.S.BHANUMATHI, J

                                     Crl.R.C.No.249 of 2023

                            Heard. Admit.

                            Issue notice to the respondent(s).

Learned counsel for the petitioner is permitted to take out personal service of notice to the respondent(s) by RPAD and file proof thereof.

Post the revision after four weeks.

________________ B.S.BHANUMATHI, J

I.A.No.2 of 2023

The petitioner/Accused is found guilty for the offence punishable under Section 138 of Negotiable Instruments Act, convicted and sentenced to undergo simple imprisonment for a period of one year, and further the accused is directed to pay compensation BSB, J Crl.R.C.No.249 of 2023

SL. DATE ORDER OFFICE NO. NOTE cheque amount of Rs.3,50,000/- (Rupees three lakhs fifty thousand only) under Section 357(3) Cr.P.C. within three months from the date of this judgment, failing which sentenced to undergo simple imprisonment for a period of three months, vide judgment, dated 11.12.2020, in C.C.No.220 of 2017 on the file of the Court of Judicial Magistrate of First Class, Udayagiri.

The sentence imposed on the petitioner/accused is confirmed by the first appellate Court, vide judgment, dated 06.02.2023, in Criminal Appeal No.1 of 2021 of the I Additional District and Sessions Judge, Nellore District.

Learned counsel for the petitioner submits that in view of the grounds urged in the revision, the petitioner has got fair chances of success in the revision. It is further submitted that the petitioner is out of jail. He further submitted that 25% of the cheque amount was already deposited before the First Appellate Court.

Heard the learned counsel for the petitioner/Accused and the learned Assistant Public Prosecutor appearing for the 2nd respondent - State.

Having regard to the facts & submissions and the issues raised in the grounds of revision, which require detailed examination, the execution of sentence passed against the petitioner is suspended, pending final disposal of the revision, and the petitioner, on surrender, within a period of three weeks from today, BSB, J Crl.R.C.No.249 of 2023

SL. DATE ORDER OFFICE NO. NOTE shall be enlarged on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate of First Class, Udayagiri, Nellore District and also on condition of his depositing 10% of the compensation amount within a period of eight (8) weeks from today. In default of deposit of compensation amount, as ordered supra, the interim suspension granted today, shall stand cancelled automatically without further reference to the Court.

________________ B.S.BHANUMATHI, J PNV BSB, J Crl.R.C.No.249 of 2023

SL. DATE ORDER OFFICE NO. NOTE